Her lawyer, Aureliano Hernández, said the baby fell into the toilet after she fainted from blood loss, and that the toilets flush automatically.

Her case gained notoriety after videos emerged of prosecutors accusing her during court proceedings of doing something “not even a dog would do”.

In her latest appeal, Ms McPherson’s lawyers provided evidence that the baby’s death was caused by inadequate facilities and a lack of medical attention.

Security staff had prevented a Red Cross ambulance from accessing the store’s parking lot, calling for a private ambulance instead.

They also submitted evidence that, a year earlier, Ms McPherson was diagnosed with hypothyroidism. The disease causes symptoms similar to pregnancy including weight gain, irregular menstruation and fatigue.

Mexican women can face up to five years in prison for having an abortion, and carrying out an abortion can result in an eight-year jail term.